>> this prison is known for this. this prison is known for this. >> sean: yeah. >> this is one of the worst in iran. yeah, it's bad. we have, like i said, global pressure. i appreciate you bringing this to light tonight. it will take global pressure to get the pastor released this, u.s. citizen, i should also say, released from iranian jail. >> sean: we will continue to monitor it. i hope you can get him home by christmas. thank you for being with us. we wish you all the best, you and your family. >> thank you, sean. >> sean: that's all the time we have -- left. thanks for being with us. greta's next. see you back here tomorrow night. greta. >> sean. >> tonight, yes, of course, the state department admits it was wrong, but, have they really answered all the questions? >> the independent panel review of benghazi is out and you know what? >> mistakes were made, lives

were lost, lessons need to be learned. >> it says that mistakes were made. >> the state department clearly failed the boy scout motto of be prepared. >> there is no question that there were people within the state department that -- were remiss and did not execute in an appropriate way. >> just in to the fox newsroom, it appears heads are starting to roll after that benghazi report issued late yesterday -- >> there were mistakes made at our consulate in benghazi. but nobody's really at fault. and nobody is going to be disciplined. how many of you saw that coming? [laughter] >> i did! >> the associated press is now reporting that a u.s. state department security chief and two others have proffered their resignations after the report on what led up to that benghazi attack came out. >> there was a breakdown in benghazi on september 11 that is stark and challenging to all of

us in public life. >> it's imperative that secretary clinton do testify in an open setting, prior to any new secretary of state being confirmed. >> the buildings of benghazi did not meet standards for office buildings in high-threat areas. >> people are at risk. it's a dangerous world we are in. i think that -- this report is going to significantly advance the security interests of those personnel and of our country. >> at the time of the attacks, the compound didn't have all the security features and equipment it needed. >> when i read that the independent panel review today that said mistakes were made, but that nobody was at fault -- and nobody's going to be disciplined, i was so shocked by that outcome, i almost fainted and i almost got a concussion. >> earlier today and after the

release of the arb state department, three state department employees resigned so is benghazi now settled? or are there still unanswered questions? what does governor sarah palin happening? good evening, governor. your thought about the report on the state department internal report? >> well, as someone said today, quite ironic that there is an admittance of mistakes being made but nobody made them? nobody's really taking responsibility for the mistakes that we made. i look forward to hearing secretary clinton when she does have opportunity to testify because there are so many unanswered questions and kudos to fox news for staying on top of this story. americans deserve these answers. >> i must say, with some level of pride -- i mean all the heat we took from people, saying it wasn't a story and indeed today, even senator dick durbin saying mistakes were made. there was a lot of resistance. my colleagues were kept from a state department conference call

when everybody in the media was briefed. the cia had a briefing and they didn't include fox news. there was a security -- dni released a report and everyone got it but fox news. there has been a lot of resistance to my national security colleagues getting this information. the fact that three resigned today, what does that mean? >> well -- >> four. >> it's significant. that's significant. but still, gret ai think the bottom line that -- greta, i think the bottom line is that we were deceived. we were led in a season of electioning and campaigning -- led to believe something that -- it was other than true. americans were lied to. and, yeah, some heads are rolling now. but again, so many questions that are -- have not been answered and it just reallyity illustrates the lack of transparency in the obama administration. for the president each to get out there on a national stage and tell americans untruths

about this situation in benghazi, really begs you to ask the question, what else does he say and do that would be deceptive? i believe it's many, many things that he would say and do being deceptive. >> it certainly is curious. there were two letters sent by secretary of state late last night to the chairman of the two former relations committee in the house and the senate and she talks about how immediately, their eyes are on al qaeda. if their eyes were on al qaeda, what in the world did this video stuff come up with? the president, ambassador and president on "the view." what in the world were they trying to do with the video business? >> bottom line, during the campaign in the final day, barack obama wanted to keep that false narrative alive that he, mr. nobel peace prize-wing president of ours -- he pretty much quashed the terrorists'

activities, if you will, of the islamic countries that he was able to reach out and -- kind of stem the tide of -- that hatred and the violence coming from some of these countries as it pertained to relationships with americans. and th they even told americans that al qaeda was on the run and that is not true. maybe they are on the run, but towards america, not away from america. and that played out in benghazi. >> well, that's peculiar that he said say that because my colleague saw a classified cable in which there were complaints that there were 10 al qaeda training camps in the area of benghazi. it's hard to say that al qaeda is on the run at that point. but let me ask you about anything else. time magazine announcing the person of the year, once again, president obama. time magazine says it's the president's success in, quote, forning a new majority to create a more perfect union.

governor palin, your thoughts on that? >> the path towards a more perfect union is our constitution. i think that we have seen examples of our president not necessarily following the constitution. in fact, wanting to change the constitution because he sees it as a charter of negatives. and he has made statements in the past about his view of our constitution and that's -- you know, following it is a blueprint toward a more perfect union. but time magazine, i think there is some irrelevancy. their list of the most influential people in the country and the world, some who have made that list -- yours truly! that ought to tell you something regarding the credence we should give time magazine. >> that's an interesting concept. but it's funny, in looking at the president's choice, he was chosen before and first elected. but, you know, the thing that

strikes me is that -- if time magazine says this goofy stuff about whatever their criteria is for seeking amid great adversity a more perfect union. that's not the president. that's time magazine. so i put my finger at time magazine when it gets silly. how about you? >> i think that those are some silly words, chosen to describe barack obama. when i first heard that, first thing that popped into my mind was what in the heck has he done? what he done except drive us over a fiscal cliff? which we are over and it's time to feel the thud at the bottom of the cliff. now it's a matter of degree of how hard we are going to hit bottom. other than that, really, what has he done to unify and make our nation a more perfect union? for the life of me, i don't know, greta. >> successfully winning a hotly contested election, i would give him time magazine, i would put

him on the cover for that. that was a highly contested race. let me turn to another issue. a christian american pastor, locked up in iran. the reverend was born in iran, but he is a u.s. citizen. he was arrested back in september when he was on a trip to iran to visit his parents, before coming to the united states, he spent years as a leader in the underground christian community, organizing churches and handing out bibles. iran has not charged him with a crime. but when the revolutionary guard arrested him, he was told he would have to pay for his christian missionary work. his family is desperate to bring him home and has reached out to the state department, no luck there -- at least so far. your thought about the christian in iran who is now in custody? >> do i hope the state department will get involved in this. he is a u.s. citizens. i think this illustrates, to go back to the brutality, the lack of freedom in these islamic countries and makes you wonder why is it that we are led to

believe -- americans collectively, led to believe that perhaps it's just a fine thing for americans to be willing to spend and shed our own blood and treasure to usher in sharia democracy in the middle-east, which sharia law does call for those who would convert to christianity, they can be put to death. why would we advocate -- especially sending our sons and daughters in conflict, they would be willing to make the ultimate sacrifice to urbener sharia democracy. we need to rethink what we are doing in these country and our monetary support and military support and some of these countries that would ever support such a thing. >> on the flip side, imagine, i mean, a christian converting to become a muslim, we would never, you know, stone the person or sentence the person to death or anything else. i mean, the enormous amount of tolerance in this country -- and yet, so many of -- so many

americans are facing just the opposite other places? >> and greta, that is the most excellent point. thank you for making that point. this is america! we have these freedoms. we are willing to fight and die for our freedoms. that's why it's so extremely important to protect our constitution. we are tolerant of other religions and viewpoints. nowhere else but america do we have such a privilege, such a blessing, to be able to live as we do. >> we could do a lot better in terms of recognizing people's rights. but i am going to take the last word on that. let's go back to the benghazi report. in early november, former mayor rudy guiliani called for president obama to resign, saying he had spun a web of lies. nowed with the new state department report, does that clear everything up, or not? mayor, are you happy? you got all your answers? >> oh, come on! this is -- this is -- this report has more questions than answers. right? i mean, we -- we -- we don't

know what secretary clinton knew, have no idea what she knew, no idea what the president knew. the reality is there were at least 12 attacks, proximate to the attack on senate 11. twice on the consulate. there was an attack on the british ambassador, two people injured. there was an attack on the red cross, all in benghazi. people are asking for more security and denied more security. we don't have an answer from the secretary of state, why didn't she give them more security? more importantly, we don't have an answer from the president of the united states. did you know about the attacks? if you did know, why didn't you insist on more security for your people? this report make its clear, there was no pretest any of kind? nothing about a movie. that turns out to be complete garbage. all that stuff that susan rice said and the president was spouting for two week, including at the u.n., turns out to be a pack of lies.

the report is sanitized. the report doesn't hold anybody responsible. the report does say that the state department was grossly negligent. but it doesn't assign responsibility. now it's the job of congress to figure out what did hillary clinton know? what did barack obama know? and when they knew it, what did they do about it? >> you know what i thought was really unusual. i would have expected the two in charge of this report to have traveled to benghazi and looked at it. one of the most fundamental things in an investigation, any murder investigation, you need to see the scene. the two who were in charge, never saw t. have you a much greater appreciation for even security deficiencies. >> it was written before it was written. i think it was obvious what they were going to conclude. get rid of the four underlings, so we have a couple of sacrificial lambs here. if a consulate of the united states of america is attacked, that information gets to the

secretary of state within minutes and to the president of the united states, within hours. got attacked twice. requests for security were being made constantly. those decisions are made by the secretary of state and the president of the you said. we need to know why they didn't provide more security for these people in benghazi. that answer is not given in this report. they evade it -- >> you know i. the secretary's not testifying tomorrow. okay? she is sick. she has a concussion. hopefully, she will recover and will be able to testify and the president has to answer for this as well. >> it's interesting. there was sort of, everyone is applauding it in the last 24 hours since it came out and concluding that the conclusion of the report eye am obviously being very superficial is that security is lax. i thought to myself, really? was that the tipoff to that? i thought, having looked at investigation for many years, i thought, why are they telling me something so patently obvious?

of course, security is lax! you don't have four dead bodies -- yet there is nothing that is a -- there is no meat on the bones on this. >> there is no explanation. explain how after 12 attacks, in our around that consulate, there was no more security given to that consulate. where was that decision made? how was it made? why was security actually depleted in -- in libya? there were no answers -- >> you know what i want to know? i want to know, apparently, right away, it was identified by the cia, a tunesian man who was on the site, an eyewitness or a co-conspirator. he's picked up, passings through the airport in terek turkey with false papers. turkey turns him over to tukneesia. our fbi didn't talk to him. they said tunisia wouldn't give us custody and two months, senator lindsay graham -- not

the president of the united states, he makes a phone call and we have access to this guy. why -- why didn't -- why didn't the u.s -- why did -- why didn't they actively investigate that? >> this report should have answered tows whys. it lays out the fact that there were numerous attacks, that there should have been more security, that the state department was grossly negligent, which is a heck of a charge it make. but it doesn't plain why -- >> here's another one, the fbi -- a couple of hours they stayed there not until the end of september. on october 26, foreign policy dot-com has reporters there and they find adult documents critical to the investigation, a magazine finds it! i mean, where was that -- why are we so bad at the investigation of this? >> none of these questions have been answered. all this does is ratchet it up to gross negligence on the part of the state department,

completely unexplained, no one explains why the state department is grossly negligent in a very, very sensitive intaigz. there are a lot of suspicion as to why. and the suspicions are all -- revolve around the election, about politics taking precedent over national security. politics taking precedent over the truth. these things have to be answered. >> well, all the answers are in the obama administration. so to the extent that anyone is suspicious and it's reasonable to be suspicious, they can end that. they -- from the beginning. i hoped hoped this report woulda lot of my specialization. but i have never seen a report that was just -- it didn't tell me anything new. >> to this day, the president of the united states has not been asked did you know about the attacks on that consulate before the attack on september? did you know about the numerous attacks on benghazi before september 11? if you did know, what did do you about it? if you didn't know about it, what the heck is wrong with your

administration? these questions have to be asked. >> it is not just to pick a fight with the president. it is because we have all of these embassies and consulates all around the world. viseen some of these in these god-forsaken places where it's very dangerous i. of course. >> it is penitentiary to know so we can at least try to correct any of our mistakes. >> this report says it's systemic. if it's systemic, how systemic is it? how far does it extend? what's been done about it since then? has more security been provided since then? we have gotten away from the fiction of defeating al qaeda and we don't have to provide security? have we broken ourselves of that fiction present in the obama administration? >> mayor, nice to see you. i understand that you have a new identity theft -- and you are an adviser to life lot. i am very concerned about the amount of identity theft that goes on.

lots of very, very good programs to deal with it. life lock is probably the best. but people should be very concerned about the fact that their identity is being stolen, particularly during the holidays and there are ways to secure it. don't try to do it yourself. i have had mine stolen twice eye am embarrassed to say. >> all right. thank you. >> straight ahead, a plan that could stop us from going off the fiscal cliff. but will it be passed? and senator john mccain is here on the benghazi report. and an american marine trapped in a mexican pritch and chained to the bed. to the bed. why is the obama administration [ male announcer ] you are a business pro.

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>> greta: in 90 minutes, we are jumping off the financial cliff together. the speaker's plan "b" would prevent tax from going up on everyone earning less than $1 million a year -- earning more. taxes will go up if you are earning more than $1 million a year. and the peek speaker telling president obama to, quote, get serious. what exactly is going to happen? plan "b," taxes on those earning more than $1 million going up. is plan "b" going to pass? >> i think it's important to recognize that taxes are going up -- january 1. that's part of the fiscal cliff -- >> greta: for everyone. >> for everyone. american, hard-working middle-class family, everyone, across the board. right around the corner. the speaker has been attempting to negotiate with the president -- wanting to have the good-faith negotiations.

unfortunately, the president continues to ask for higher taxes than ever and more spending, another stimulus. this is our good-faith effort. it's a proposal to keep taxes as low as possible for as many americans as possible. and we are putting that forward tomorrow. and i am optimistic that we will get the vote. >> greta: suppose it does pass. let's suppose that this is the deal that the president said he didn't like it. but let's hypotheticalally say, harry reid likes it and the president does. does it do any change the structure of our economy so that we are truly on a path to solving our problem, not just managing our problems? >> right. we need the big deal. to your point, our economy right now is struggling. and so taxes are one side of it. but we have to address the spending side of the equation.

when you look at what is happening in america, in this economy, the record deficits and the out-of-control spending -- >> greta: is that in plan "b"? >> tell come -- >> greta: well, now that's the problem. you say it will come. this is what bothers me, maybe i'm the only one -- >> no, no,. >> greta: i'll tell you, you have own known for 18 months that this is the problem, we are coming to the fiscal cliff. everyone knew t. we are now at the point where we are about to fall off the cliff and there is this rush to try to do something, but even if you do something, it doesn't meet the long-term problem and you say, that will come. how long do americans have to wait for the republicans and the democrats to come up with something that really does put us on a path? >> i -- the americans do want us to address the big issues, the pressing problems. they -- they are demanding it of us -- >> greta: why -- >> that's what the republicans want to see happen. the republicans want to address the spending as well as the tax rates. and we have been -- you know,

the day after the election, speaker boehner went to the podium. he said, we will put new tax revenue on the table, closing loophopes -- loophole and it is president continues to ask for more spending, more spending during this time, in record taxes. so this is -- this is the republicans saying, you know what? we are down to the final days, we do not want taxes to go up january 1. it will be $4 trillion in tax increases on the american people on hard-working middle-class families. >> greta: i want to get your vision of the president. do you think the president wants to solve the economy? or do you think -- or do you think it's for him, it's about raising taxes? do you think he believes that his -- do you think he believes his program will solve our problem? >> to date, the president has been about raising taxes taxes d pretending like that solves the problem. it doesn't. we could tax those top two rates at 100% and it would fund the

government for 91 days. that doesn't even begin to solve -- >> greta: what's the -- >> the spending side of this equation. >> greta: is there any magic mao work on a solution, rather than management against a deadline? >> it means the president, the senate, the house, we have to have that leadership. we have to have those good-faith negotiations and that's what the republicans are bringing to the table. >>, is the president acting in good faith? >> the president was moo moving in the wrong direction -- >> greta: is that bad faith? >> we need him to come to the table and recognize that part of the solution is addressing the spending and not asking for more stimulus in a time when we are running trillion-dollar deficits as far as the high can see. >> greta: nice to see you. coming up, new information inside the home of the sandy hook shooter. a live report, next. and senator john mccain goes "on the record" about the benghazi report. ♪

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>> greta: new information about the murder of the man who fund and down 20 children and 6 adults in sandy hook elementary school. what's the latest today? >> reporter: according to the "new york post," adam lanza spent hours alone, every day in his basement, in a windowless, playing violent games, with posters of military weapons on the walls. when he did emermg from the basement, he was described as sullen and silent. the new york daily news reports

that his mother, nancy, had grown increasingly frustrated with her son's isolation, trying and failing to get him to leave the room and interact with others, perhaps go to school or get a job. he was uncomfortable, unreachable and like a ghost, a friend says and nancy reached tout out to a psychiatrist for help. another report says, nancy had planned to have adam committed to a psychiatric institution and the boy found out about it and that's what set him off, the reason apparently that he killed his mother, according to the report and targeted the kids at sandy hook because he was jealous of the time that his mom spent volunteering with the kindergartners at the school. all week, we have seen funerals for students, teachers and administrators killed here, including four more today, children, memorialized, six-year-old charlotte bacon and caroline prevety and chase kowalski and daniel barton, danny was honored by firefighter

who is lined the route of his funeral procession. his father's cousins are firefighters in new york city and he wanted to be one when he grew up and 27-year-old teacher vickie soto was remembered, hailed as a hero for hiding her kids in the clos eds. newtown high school girls basketball team, the defending state l.l. champions had their first home game since the shooting. they beat rival, mass hook, 64-44, but there were a lot of empty seats because a lot of folks are not ready to go to a basketball game in the wake of all of these shootings. >> greta: thank you. systemic failures at the state department, blamed for the four murders in libya. there will be new testimony tomorrow on benghazi. but senator john mccain says the report doesn't answerul -- answer all of his questions.

you have seen -- i have seen the unclassified version. have you seened classified version? >> it is not very different than the unclassified version, all the basic facts are there. there are additional facts about access to some classified sources and stuff. but basically, that's it. >> greta: are you satisfied we have learned anything from this report? because frankly, the conclusion that we have lax security, i think finding 10 people dying on our consulate is a good sign that the security is lax. we don't need the review. >> well, i think the good news is at least, they are ardmitting that there are serious errors made. on the other side of the coin, there is really nothing in there that we didn't know right away, within days when, for example, the head of the libyan national assembly said this was al qaeda, when the fact is, the station chief reported back that this was al qaeda.

and we knew within not very long period of time of all the security lapses which, obviously, as you say, had to have happened, otherwise, four people wouldn't have died. >> greta: is there anything new you learned? i am critical because the two who were in charge of it didn't go to benghazi, any time you have a fundament investigation, you go and you look to see what it is so you understand it. did you learn anything new from this report? >> greta: i did not. but i would like to emphasize, there are so many unanswered questions in this report. for example, why was the initial reporting correct and then somehow changed afterwards? for example, why were there not any american department of defense military assets anywhere nearby on september 11, even though there have been serious warnings? according to the information we have, there was no aircraft or any ability to intervene over a seven-hour period.

by the way, two of those who were killed, murdered -- it was in the last hour -- what was the president doing? was the president ever notified of all of these security problems in the consulate in benghazi? what was the president doing during the seven-hour period? was he notified? was he engaged? you have seen plenty of pictures of him all watching the raid that took out bin laden. there are so many additional questions. >> greta: you talk about the seven hours. i back up a little bit. maybe this is in the classified version, not mine, but my colleague, katherine herridge, reported about an emergency meeting on august 15, followed boy a cable on august 16 in which the cable says they cannot defend against a coordinated attack. in this classified cable, according to katherine herridge, there are 10 islamic militias and al qaeda training camps in the area. if that isn't notice that there are big problems and we should get our military assets ready because the consulate's in deep,

deep security trouble, i don't know what is. >> that's all true. and in addition to that, the last cable that ambassador chris stevens sent was his concerns about the back lack of security. there is a long history of denial, warning and denial of assets or understanding of the threat that was posed by the al qaeda elements and other militant elements that were there in -- in benghazi. >> greta: let me turn the corner. zero dark 30y, the new movie about the bin laden kill. you have written a letter to the chairman, ceo of sony pictures, along with senators carl levin and dianne feinstein, democrats. why are the three of you writing the ceo of sony who produced this? >> i watched this film. it shows a very brutal investigation tactics by the cia interrogator. it also shows extensive

waterboarding -- the people that they are holding. and the -- clearly the information is that this waterboarding and torture was -- was the major factor in obtaining information about the whereabouts of bin laden, specifically a courier that had been working for bin laden. the fact is that no information -- according to the former cia director leon panetta -- no information useful to them in tracking bin laden was the result of torture. in fact, khalid sheikh mohammed, or ksm, when he was waterberded, like 134 times or something -- incredible. he stated that this cower courier had retired. in other words, not only they didn't get good information from these techniques of waterboarding and torture, they got bad information.

>> greta: what do you want the ceo to do at this point? >> we showed our displeasure and i think they should acknowledge that they were either given wrong information -- that hia lot of access to the cia, in fact one of the -- there is an investigation going on about some of the information that they used. clearly, i think they got the slant of those who are defending, in my view, what is unconscionable, and that is torturing people. i want to emphasize to you, that when it gets around the world that the united states of america tortures people, any information that we could gain from doing that -- if we ever did -- harms the image of the united states, far more than the value of any information we might obtain. >> greta: senator, there is a report from the state department that secretary of state hillary clinton will testify on benghazi before the missed -- the middle of january. there is some criticism of whether or not she has a concussion. i believe she has a concussion.

what do you think? >> i know that in my view, secretary clinton, when she said she assumed full responsibility, she certainly has a lot of responsibility for what happened in benghazi. that's -- that report made that very clear. but i must say, i have never seen secretary clinton back down from a fight. and i have never seen her back down. i believe that she is now not physically well enough to testify and she will testify the middle of january. >> greta: senator, thank you. >> thank you. >> greta: in two minutes, a massive mudslide, barreling towards a freight train. what happens? the video coming up in two

>> greta: incredible video you can't stop watching. a massive mudslide slams into a freight train and it's all caught on camera in washuar state, near everett. hours of heavy rain pushing all that mud right into the train.

the man who shot the video says he knew something was going to happen because he could actually hear the ground rumbling. >> i thought the rest of the rail cars are going to pile up and come through the fence and get me. so i was trying to get out of the car. everything came it a stop. >> greta: incredibly, no one was hurt. the train was carrying cargo, including disinfectant. a hazmat team responded and insists there is no immediate danger to the environment. you can imagine, the trains will not be in service for a while. watch more and tell us what you think. back in 2.

>> from america's news headquarters, i'm ainsley earhardt. scam artists preying on the victims and those trying to help after last week's shooting massacre at sandy hook

elementary. the family of noah posner, one of the 26 victims alerted authorities after learning someone set up a fake web site in his name. consumer groups are urging people to be cautious about unsolicited requests for donations and beware of callers who won't answer questions about their organizations. a dust storm triggering a pileup in texas, causing a series of chain-reaction accidents on i-27, north of lubbock, texas. one person was killed when his suv slammed into the back of a tractor-trailer, 17 others were injured. i'm ainsley earhardt. now back to "on the record" with greta. >> if bee can take people out of north korea and they have reported all over the world and go and back up the rest of the world, can't we bring one of our own home? just one. just one guy who is want even 10

miles from the border. >> greta: that was a plea from ian mcdonough, arrested with a marine who took his grandfather's rifle across the bordener august. john harmar is still in a mexican prison, chained to his bed in this picture. tonight, the family of the marine says they are being stonewalled and the u.s. government is doing it. a friend of the family joins us. nice to see you, jessica. i happened you have made contact with the state department on more than one occasion, on behalf of john hamar? >> that's correct, greta. >> greta: what did the state department tell you? >> they -- they tow the company line, mexico's a sovereign nation. there is nothing we can do. it needs to go through the judicial system. they have want been very helpful. >> greta: did you talk to more than one person at the state department? >> yes.

i spoke to i believe it was his case worker, john long, actually. and he was -- you know, telling me that they are doing everything they can, as far as making sure that, you know, that he is fed and that, you know, he not be chained to a bed. obviously, we have had conflicting reports on that. and he's -- he's -- he's definitely -- you know, they haven't been as helpful as we would like them to be. >> greta: as i understand it, he crossed the u.s. border into mexico with this rifle, told the mexican authorities he had the rifle. he was then arrested because they said the barrel was too short and there is a dispute on how the rifle barrel was measured. has anybody come out in mexico to say that this was a lawful gun in mexico? >> well, as i understand the mexican military wrote a letter that was given to the judge and prosecutor, stating that this weapon is not restricted, solely

for the use of the military, meaning it is not a gun they look at as a threat. >> greta: so you have the situation where the mexican military says this gun is essentially legal. you have a young man chained to a bed, a u.s. marine. and who -- who told them about the gun and you have a u.s. state department that is looking the other wai, even though -- i keep saying this every night -- libya managed to get their killer of 2 sfefnt-plus on pan am 10 lee, out of a scottish jail to go home to libya. we can't help one marine come home. >> well, greta, i am hoping that the administration is watching this and just understand that we are -- we are trying to be patient and go through all the steps. but enough is enough. we want him home. you know, hopefully, it's being handled behind the scenes and he will come home soon. >> greta: i hope so, too. thank you for joining us.

>> thawferg very having me. >> thawferg very having me. >> greta: a big defeat for i always wait until the last minute. can i still ship a gift in time r christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery.

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>> greta: a big defeat for obamacare in federal court. so what happened? shannon bream knows. she knows all in fact. what happened ?iment. >> you know, there are several

lawsuits, 42 or 43 of entity who is say i should not have to provide with the fda-approved contraception, catholic hospitals and others say, we are not a church, but that goes against our beliefs and we shouldn't have to do t. so the two universities were suing. they were kicked out of the lower court. but this is the first time an appeals court weighed in and said you shpt have been kicked out. i talked to the attorneys on friday, they had big hopes, but i don't think they had anything along the lines of the expectation of what they got in this order yesterday. >> greta: the. to order call tty: 1-800-544-3316 s the obama administration -- because the obama administration promised to do something for these religious organizations, but the court said, we want more than a promise. >> yeah. there is an initial rule by hhs. burr they said, there's a safe harbor for the organizations, they are trying to work out the status as a religious employer. the court said what you argued d with us, we will hold you.

at well, the government represent to the court it would never enforce the rule against these universities. there will be a different rule for them, eventually. we take that as a bibbing commitment and we take the government at its word and will hold them to t. they are ordering the obama administration to report every 60 days on the status of this rule and how they are going to guarantee that these oarkz organizations do not have to comply. >> greta: that's a big decision. the little sisters of the poor. >> this is a religious order this says if they are forced to comply with this, they can't do it. it goes against their beliefs. they run services for elderly people and those in need, all over the country, all over the world. they are worried about the operation in the u.s. because they say it goes against our beliefs and if we have to pay the fine, it will cost us millions of dollars and we barely operate day to day, so we can help the poor. if we are forced to comply, we will have to ship our operations

out of the u.s. and stop helping people. >> greta: what's the quip about persecution? >> the group says, we have been kicked out of other countries like china and myanmar, i know the u.s. does not want to be on that list. >> greta: i was right. do you know all about this. >> i learned from you. >> greta: coming up, san diego's newest baby panda gets a bit distracted. the adorable and must-see video is next. hey, look! a shooting star!

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